2008 PLP 1560 (YLR)

MUHAMMAD MOOSA K. LEGHARI, J.

Granted.

2. The applicants are alleged to have been found in possession of 11 Kgs. Charas while boarding a car, which was intercepted on the basis of spy information by Excise Inspector Zulifqar Ali Shaikh along with his staff near bus stand Shalimar Coach Sakrand. It is further alleged that besides possessing the narcotic, the applicants being armed with pistols, used criminal force to deter the Excise Police from performing their official duties and also made attempt on their lives. Thus the Excise Police seized the arms and ammunition from their possession. The applicants are therefore, seeking bail. It is contended on behalf of the applicants that they have been falsely implicated in the case on account of enmity with the Excise Police, as certain officers of Excise Department have been charged for murder of uncle of applicant/accused Shahid Hussain. The car, which was boarded by the applicants and was allegedly secured by the Excise Police met with an accident on the said date and time and that there was interpolation in the mashirnama of arrest and recoveries. Learned State counsel has not been able to controvert the pleas raised on behalf of the applicants and had to concede that the case of the applicants calls for further inquiry. The arguments addressed at the bar have been considered and the material placed on the record has been perused. According to the prosecution story, applicants were duly armed with weapons and fired at the Excise Officials to cause their murder but no such case was registered by the Excise Officials at any Police Station. Similarly no case was registered against the applicants at any police station for assaulting the public servants to deter them from discharge of their officials duties. The authority of Excise Officials to secure the licensed weapons of the applicants required to be legally examined. Inspite of the fact that the Excise Officials had prior information, yet, they did not make any effort to associate a public witness to witness the recovery and seizure, coupled with the fact that the alleged recovery was effected at 5-00 p.m. and that too at the Bus stand where the passengers are found available all the time. In view of the pendency of a murder case filed by applicant Shahid Hussain against the Excise Officials, the possibility of registration of a false case in retaliation could not be ruled out. A certified true copy of the Mashirnama of arrest and recovery, which is placed on record, contains cuttings, which are noticeable by naked eye. In the given circumstances, the case of the applicants calls for further inquiry, thus, entitling them to the concession of bail. Accordingly, the applicants are granted bail, subject to furnishing surety in the sum of Rs.1,00,000 (Rupees one Lac) each and P.R. Bond in the like amount to the satisfaction of trial Court. H.B.T./S-26/L Bail granted.